HomeMy WebLinkAbout0997ORDINANCE NO.
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AN ORDINANCE Prohibiting the operation of motor vehicle by
. a person without an operator's license; by a person who is intoxi-
cated, tr in a reckless manner; Providing certain traffic rules;
Providing for the revocation of licensee under certain conditions
and Declaring an emergency.
THE CITY OOMLISSION OF THE CITY OF PORT ANGELES DOES ORDAIN
AS FOLLOWS:
Section 1. It shall be unlawful for any person to operate a
motor vehiicle on the public streets of the City of Port Angeles
without having secured a valid and subsisting license so to do
issued by the State of Washington; Provided, however, that where
exceptions are permitted by the State law, such exceptions shall
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be recognized by this ordinance when affirmatively established.
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Section 2. It shall be unlawful for any person to operate a
motor'"vehiale on the-public streets of the City of- Port - Angeles while
under the influence of intoxicating liquor or of any narcotic drug.
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Section 3. It shall be unlawful for any person to drive a moor
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vehicle in a reckless manner over and along the public streets of
the City of Port Angeles.
For the purpose of this section, to drive in a reckless manner
shall be construed to mean the operation of a motor vehicle upon
the public streets of the City of Port Angeles in such a manner as
to endanger or inconvenience unnecessarily other users of said street.
Section 4. All persons operating or in charge of a motor vehicle
upon the public streets, upon a request by a city policeman, highway
patrolman or other peace officer, shall give his name and address and
the name and address of the owner of such motor vehicle. All persons
operating motor vehicles upon the streets of the City of Port Angeles
shall stop when signalled go to do by any peace officer in uniform or
displaying the badge or insignia of office, and shall produce his
license to operate
such vehicle on demand.
Section 5. A. All persons operating motor vehicles shall
obey all signals and instructions of any officer directing traffic.
B. All persons operating motor vehicles, upon entering an
arterial main travelled street and all state highways from any
public or private highway, road, street or driveway, shall yield
the right of way to vehicles on such arterial highway and shall
come to a full stop thereat when and where signs or other marks
direct or indicate.
C. All operators of motor vehicles shall observe all traffic
laws and requirements, all posted signs and warnings, and exercise
due care and caution in passing a school house on school days be-
tween eight o'clock, a.m., and five o'clock, p.m.; failure so to do
shall be prima facie evidence of reckless driving.
Section 6. All persons who, in operating motor vehicles upon
the public streets of the City of Port Angeles, shall collide or
come in contact with any pedestrian, vehicle or other object, shall
stop and render such aid or assistance as may be required. In case
of injury to any person or damage to property, the driver of the
vehicle involved or any occupant thereof shall, if requested, fur-
nish to the driver of the other vehicle or owner of property or to the
City police or peace officers, the certificate of registration and
license number of the motor vehicle, his name and address, and the
name and address of the owner of the vehicle, the operator's
license number, and the names and address of the occupants of the
vehicle.
It shall be the duty of drivers of motor vehicles to render
all/ possible assistance to any person injured.
It shall be the duty of the persona operating or in charge of
any motor vehicle involved in any collission or accident within
the City to make a report to the Police Department of the City of
Port Angeles as soon as possible after the collision or accident
and to fill out and sign forms provided by the Police Department
describing the details of said collision or accident.
None of the information requirad to be given shall be con-
strued as in any manner Fixing the liability or fault of either
party and shall be considered means of identification and of aid
in establishing the facts only.
Section 7. Police courts having jurisdiction of any of the
offenses which are in violation of this ordinance or which are
in violation of any ordinance of the City of Port Angeles regulat-
ing the operation of motor vehicles over public streets, shall for-
ward to the Department of Licenses of the State of Washington a
certified copy of the judgment rendered and sentence imposed for
violation of any of the said laws or ordinances.
Section 8. Police courts having jurisdiction of persons
under this ordinance may syspend or revoke the operator's license
of a person convicted of any violation of thereof, and such sus-
pension or revocation of license shall be reported to the Depart-
ment of Licenses of the State of Washington.
Section 9. Police courts shall revoke the license of any person
convicted under the provisions of this ordinance of the following
offenses:
A. Of driving a motor vehicle while under the influence of
an intoxicating liquor, narcotic or drug.
B. Conviction or forfeiture of bail on three charges of reckless
driving within a year.
Section O. Penalties.„_
Any violation of the provisions of this ordinance or any fail-
ure to comply with the rules or requirements herein contained shall
be deemed a misdemeanor and shall be punished as follows:
A. Any person convicted under the provisions of this ordinance
of the offense of driving a motor vehicle while under the influence
of thtoxicating liquor or of any narcotic drug, as defined in Section
S hereof, shall be punished by a fine of not less than Fifty Dollars
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nor more than One hundred Dollars or by imprisonment in the City
jail for a period of not to exceed thirty days, or by both such
fine and imprisonment.
B. Any person convicted of any other offense set forth in
this ordinance shall be punished by a fine of not to exceed One
hundred Dollars or by imprisonment in the City jail for a period
of not to exceed thirty days, or by both such fine and imprisonment.
2. That in addition to the penalties above set forth, the
operator's license of any person convicted of driving while under
the influence of intoxicating liquor or of any narcotic drug shall
be revoked, and the operator's license of any person convicted of
reckless driving three times within a year shall be punished by the
revocation of his driver's license, as provided by State law and
this ordinance.
Section 11. Definitions and Pleading.
A. Streets, within the meaning of this ordinance, shall in-
clude all alleys, drives, boulevards or parkways open to or com-
monly used by the public.
B. No exceptions provided by State law need be especially
pleaded in the negative but in all complaints and charges made
under this ordinance, pleading in the language of the ordinance
shall be sufficient and any exceptions shall be deemed matters of
defense.
Section 12. In all cases tried before the police court where
the charge is operating a motor vehicle while under the influence of
intoxicating liquor or of drugs and it appears to the judge that the
evidence is insufficient to establish a conviction for such offense
but is sufficient to establish a conviction for reckless driging, in
such cases the judge may, in his discretion, find the defendant guilty
of reckless driving.
Section 13. Repeal.
Sections 53 and 76/ of Ordinance No. 665 be and the said sec-
tions are hereby repealed.
Section 14. Except as stated in Section 13 hereof, this ordi-
nance is intended and shall be c onstrued as an aid to and extension
a11 other ordinances and traffic regulations in force or effec-
tive in the City of Port Angeles and shall be an exercise of the
police power of the City of Port Angeles for the protection of its
inhabitants and shall be soli construed.
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Section This ordinance is declared to be urgent and
necessary for the immediate preservation of the public peace,
health -and safety of the inhabitants and citizens of the said
"4"41".1-*--Olty of Port Angeles and shall take effect and be in force im-
mediately from and after its passage, approval and lawful pub -
lication.
Passed first reading by the Okty Commission this 38th day of
February, 1934. Passed second reading,by the City Commission
this 7th day of March, 1934. Passed third reading and fine &ly
passed and adopted by the City Commission this 7th day of March,
1934.
Approved and signed by the Mayor this?t. d -y of March, 1934.
Attest:
CiEy 6lerk.
Approved as to form:
City Attorney.
Published:
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Mayor.
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F•-R. 4 44
To the Hon. Mayor and City Commission
City of Port Angeles, Washington.
/Gentlemen:
Comes now petitioner, School District No. 7 of Clallam County,
and respectfully petitions the City Commission to vacate the follow-
ing described portion of an alley in the City of Port Angeles, t@ wit:
That portion of the alley between-First-and-Second-Streets--- _.
running through Block Twenty -eight (28),of Norman R. Smith's
Subdivision to the Townsite of Port Angeles, abutting upon
Lots One (1) to Six. (6), inclusive, and Thirteen (13) to
Eighteen (18), inclusive, in said Block Twenty -eight (28).
That the names of the owners of a11-of the lots and blocks abutting
upon the portion of the alley so petitioner for vacation are as follows:
School District-No. 7 of Clallam County, Washington, owner of
all of the said lots so abutting.
WHEREFORE, Your petitioner prays that proper action in accord-
ante with law be taken by the said City Commission to vacate the said
ti .
alley and that on the final hearing the alley be vacated and set
over to the abutting property.
Dated this day of January, 1934.
Attest:
SCHOOL DISTRICT NO.
Cla11a Co ty
STATE OF WASHINGTON )
COUNTY OF CLALLAM ) SS
EDD. B. TAYLOR, being duly sworn, states that he is the duly
elected, qualified and acting president of the School Board of School
District Nol 7 of Clallam County; That he has read the foregoing
petition, knows the contents thereof, and that the same is true to
the beet of his knowledge and belief, and that he was authorized by
the Board to make and execute said pet' on/, f-
1sibed and sworn to before me this 1'` day f January, 1934.
1'
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Notary Public in and for the State
of Washington, residing at Port
Angeles.